ORACLE CORPORATION’S AMENDED CROSS-COMPLAINT AGAINST HEWLETT-PACKARD COMPANYCASE NO. 1-11-CV-203163
Lanham Act, 15 U.S.C. § 1125(a), and California statutory and common law, in that theyconstitute false advertising, false statements of association, unfair competition and defamation.5.
Oracle also brings this cross-complaint because HP fraudulently inducedOracle to enter into an agreement—the Hurd Agreement
—in the context of a lawsuit HP filedagainst its former CEO, by concealing and misrepresenting the truth about Itanium, and byconcealing material information about HP’s imminent intent to hire Oracle antagonists to high-level HP executive positions. HP’s actions constitute extrinsic fraud. Oracle hereby seeksrescission of the Hurd Agreement.
FACTUAL ALLEGATIONS CONCERNING HP’S MISREPRESENTATIONS ANDDECEPTIONS CONCERNING INTEL’S COMMITMENT TO ITANIUMA. HP’s Campaign of Deceit Regarding the Status and Prospects of Itanium
This cross-complaint arises out of a long-term effort by HP to prop up itsItanium-based computer server business—servers ironically sold under the name “Integrity.” HPhas deliberately misrepresented the current status and limited future “roadmap” for Intel’sItanium microprocessors, the chips that power Integrity servers.7.
Integrity is one of HP’s products marketed for customers running “missioncritical” applications. A broad range of computer servers handle “mission critical” loads, but HPhas promoted the notion that Integrity and some of its higher-end Xeon servers are “businesscritical servers,” which is also the name HP has given to its business unit (“BCS”) responsiblefor Itanium. Any customer looking to support the software applications handling the enterprise’sheaviest and/or most important workloads will be very sensitive to the future prospects for thetechnologies embedded in the servers it chooses. In general, such customers will not buy aserver whose underlying technologies are nearing their “end of life,” meaning the point of timewhen the technologies are being phased out in favor of newer and better alternatives.Technology companies often publish product roadmaps to indentify planned new innovationsand time frames for those innovations. Any indication that the technology’s sponsor is not
Ex. A (Hurd Agreement (Sept. 20, 2010)).